Nichols v. Lee
Supreme Court of Colorado
Appeal from District Oourt of Weld Ootmty. An action in ejectment to recover the undivided one-half of certain property in the town of Greeley. In January, 1819, Henry W. Lee,'appellee, recovered a judgment against Edward T. and 'William A. Nichols in the county court of Weld county for the sum of $93.50. Execution issued and returned, with indorsement of $18 and some cents, as having been made, and no further property' found.
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Appeal from District Oourt of Weld Ootmty. An action in ejectment to recover the undivided one-half of certain property in the town of Greeley. In January, 1819, Henry W. Lee,'appellee, recovered a judgment against Edward T. and 'William A. Nichols in the county court of Weld county for the sum of $93.50. Execution issued and returned, with indorsement of $18 and some cents, as having been made, and no further property' found. The transcript of the judgment was filed in the office of the county clerk, and by proper proceedings the judgment was kept alive and operative, but remained…
1Opinion of the Court
Heed, C.
There is no troublesome conflict of testimony. All important facts are established by undisputed evidence, and seem to have been conceded. There are no charges of fraud or circumvention. The established facts are:
' First, that at the time of the death of Sarah A. Nichols, appellee had a valid existing judgment against the husband Edward T., and another, amounting to something over $100; second, that Sarah A. died intestate, seized in fee of •the property in controversy subject to the incumbrance; third, that the value of the real estate over the incumbrance was $1,980, and the…
2Cases cited1 opinion
- Borer v. ChapmanSupreme Court of the United States · 1887
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- Globe Mercantile Co. v. PerkeypileIndiana Supreme Court · 1920
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